Fidel Castro & liberal-theological traditions of rebellion

I've read snippets from "History Will Absolve Me" before, but never made my way through the entire actual text until now. This was before Castro was openly communist or even socialist. And his state goal was the restoration of the 1940 liberal constitution. The section of the speech I found most interesting on a theoretical level, was Castro's summation of the history of the right to rebel. Going back to sources like the Chinese mandate of heaven, Aquinas, Calvin and Jesuit theologians. Also citing from the Presbyterian tradition in Scotland. It would be interesting from an intellectual history perspective to know what sources the Cuban lawyer got all this from. Listening to him cite the Presbyterian theology of revolution, I was wondering if perhaps he had picked it up from American legal textbooks on the history of natural law. Its certainly one of the most learned citations from a future Communist leader. And an attempt to make a legal defense to the right to revolution against tyranny in a courtroom.

Quote:

You will not be able to deny that the regime forced upon the nation is unworthy of Cuba's history. In his book, The Spirit of Laws, which is the foundation of the modern division of governmental power, Montesquieu makes a distinction between three types of government according to their basic nature: 'The Republican form wherein the whole people or a portion thereof has sovereign power; the Monarchical form where only one man governs, but in accordance with fixed and well-defined laws; and the Despotic form where one man without regard for laws nor rules acts as he pleases, regarding only his own will or whim.' And then he adds: 'A man whose five senses constantly tell him that he is everything and that the rest of humanity is nothing is bound to be lazy, ignorant and sensuous.' 'As virtue is necessary to democracy, and honor to a monarchy, fear is of the essence to a despotic regime, where virtue is not needed and honor would be dangerous.'

The right of rebellion against tyranny, Honorable Judges, has been recognized from the most ancient times to the present day by men of all creeds, ideas and doctrines.

It was so in the theocratic monarchies of remote antiquity. In China it was almost a constitutional principle that when a king governed rudely and despotically he should be deposed and replaced by a virtuous prince.

The philosophers of ancient India upheld the principle of active resistance to arbitrary authority. They justified revolution and very often put their theories into practice. One of their spiritual leaders used to say that 'an opinion held by the majority is stronger than the king himself. A rope woven of many strands is strong enough to hold a lion.'

The city states of Greece and republican Rome not only admitted, but defended the meting-out of violent death to tyrants.

In the Middle Ages, John Salisbury in his Book of the Statesman says that when a prince does not govern according to law and degenerates into a tyrant, violent overthrow is legitimate and justifiable. He recommends for tyrants the dagger rather than poison.

Saint Thomas Aquinas, in the Summa Theologica, rejects the doctrine of tyrannicide, and yet upholds the thesis that tyrants should be overthrown by the people.

Martin Luther proclaimed that when a government degenerates into a tyranny that violates the laws, its subjects are released from their obligations to obey. His disciple, Philippe Melanchton, upholds the right of resistance when governments become despotic. Calvin, the outstanding thinker of the Reformation with regard to political ideas, postulates that people are entitled to take up arms to oppose any usurpation.

No less a man that Juan Mariana, a Spanish Jesuit during the reign of Philip II, asserts in his book, De Rege et Regis Institutione, that when a governor usurps power, or even if he were elected, when he governs in a tyrannical manner it is licit for a private citizen to exercise tyrannicide, either directly or through subterfuge with the least possible disturbance.

The French writer, François Hotman, maintained that between the government and its subjects there is a bond or contract, and that the people may rise in rebellion against the tyranny of government when the latter violates that pact.

About the same time, a booklet - which came to be widely read - appeared under the title Vindiciae Contra Tyrannos, and it was signed with the pseudonym Stephanus Junius Brutus. It openly declared that resistance to governments is legitimate when rulers oppress the people and that it is the duty of Honorable Judges to lead the struggle.

The Scottish reformers John Knox and John Poynet upheld the same points of view. And, in the most important book of that movement, George Buchanan stated that if a government achieved power without taking into account the consent of the people, or if a government rules their destiny in an unjust or arbitrary fashion, then that government becomes a tyranny and can be divested of power or, in a final recourse, its leaders can be put to death.

John Althus, a German jurist of the early 17th century, stated in his Treatise on Politics that sovereignty as the supreme authority of the State is born from the voluntary concourse of all its members; that governmental authority stems from the people and that its unjust, illegal or tyrannical function exempts them from the duty of obedience and justifies resistance or rebellion.

Thus far, Honorable Judges, I have mentioned examples from antiquity, from the Middle Ages, and from the beginnings of our times. I selected these examples from writers of all creeds. What is more, you can see that the right to rebellion is at the very root of Cuba's existence as a nation. By virtue of it you are today able to appear in the robes of Cuban Judges. Would it be that those garments really served the cause of justice!

It is well known that in England during the 17th century two kings, Charles I and James II, were dethroned for despotism. These actions coincided with the birth of liberal political philosophy and provided the ideological base for a new social class, which was then struggling to break the bonds of feudalism. Against divine right autocracies, this new philosophy upheld the principle of the social contract and of the consent of the governed, and constituted the foundation of the English Revolution of 1688, the American Revolution of 1775 and the French Revolution of 1789. These great revolutionary events ushered in the liberation of the Spanish colonies in the New World - the final link in that chain being broken by Cuba. The new philosophy nurtured our own political ideas and helped us to evolve our Constitutions, from the Constitution of Guáimaro up to the Constitution of 1940. The latter was influenced by the socialist currents of our time; the principle of the social function of property and of man's inalienable right to a decent living were built into it, although large vested interests have prevented fully enforcing those rights.

The right of insurrection against tyranny then underwent its final consecration and became a fundamental tenet of political liberty.

As far back as 1649, John Milton wrote that political power lies with the people, who can enthrone and dethrone kings and have the duty of overthrowing tyrants.

John Locke, in his essay on government, maintained that when the natural rights of man are violated, the people have the right and the duty to alter or abolish the government. 'The only remedy against unauthorized force is opposition to it by force.'

Jean-Jaques Rousseau said with great eloquence in his Social Contract: 'While a people sees itself forced to obey and obeys, it does well; but as soon as it can shake off the yoke and shakes it off, it does better, recovering its liberty through the use of the very right that has been taken away from it.' 'The strongest man is never strong enough to be master forever, unless he converts force into right and obedience into duty. Force is a physical power; I do not see what morality one may derive from its use. To yield to force is an act of necessity, not of will; at the very least, it is an act of prudence. In what sense should this be called a duty?' 'To renounce freedom is to renounce one's status as a man, to renounce one's human rights, including one's duties. There is no possible compensation for renouncing everything. Total renunciation is incompatible with the nature of man and to take away all free will is to take away all morality of conduct. In short, it is vain and contradictory to stipulate on the one hand an absolute authority and on the other an unlimited obedience ...'

Thomas Paine said that 'one just man deserves more respect than a rogue with a crown.'

The people's right to rebel has been opposed only by reactionaries like that clergyman of Virginia, Jonathan Boucher, who said: 'The right to rebel is a censurable doctrine derived from Lucifer, the father of rebellions.'

The Declaration of Independence of the Congress of Philadelphia, on July 4th, 1776, consecrated this right in a beautiful paragraph which reads: 'We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain inalienable rights, that among these are Life, Liberty and the Pursuit of Happiness; That to secure these Rights, Governments are instituted among Men, deriving their just powers from the consent of the governed; That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or abolish it and to institute a new Government, laying its foundation on such principles and organizing its powers in such form as to them shall seem most likely to effect their Safety and Happiness.'

The famous French Declaration of the Rights of Man willed this principle to the coming generations: 'When the government violates the rights of the people, insurrection is for them the most sacred of rights and the most imperative of duties.' 'When a person seizes sovereignty, he should be condemned to death by free men.'

I believe I have sufficiently justified my point of view. I have called forth more reasons than the Honorable Prosecutor called forth to ask that I be condemned to 26 years in prison. All these reasons support men who struggle for the freedom and happiness of the people. None support those who oppress the people, revile them, and rob them heartlessly. Therefore I have been able to call forth many reasons and he could not adduce even one. How can Batista's presence in power be justified when he gained it against the will of the people and by violating the laws of the Republic through the use of treachery and force? How could anyone call legitimate a regime of blood, oppression and ignominy? How could anyone call revolutionary a regime which has gathered the most backward men, methods and ideas of public life around it? How can anyone consider legally valid the high treason of a Court whose duty was to defend the Constitution? With what right do the Courts send to prison citizens who have tried to redeem their country by giving their own blood, their own lives? All this is monstrous to the eyes of the nation and to the principles of true justice!